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The judgment below
The part of fraud against C is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
The judgment below
C.
Reasons
1. The summary of the grounds for appeal: The court below found the defendant not guilty on the whole facts charged of the fraud of this case or the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) although the defendant, as seen in the misapprehension of the facts and the misapprehension of the legal principles, obtained money from the victims without financial ability or intent to repay. This is an illegal judgment that misleads the facts or
A. The Defendant would pay the remainder with money and personal funds received from the Customer even though he was unable to pay the remainder at the time of receiving the Belgium (HINGI BET) automated equipment (hereinafter “instant machine”) from F on May 7, 2014.
Since the machinery of this case was acquired through fraud, determination as to whether Defendant’s remaining payment ability exists shall be based on May 7, 2014, and a promissory note is issued to F in the name of another company by the Defendant, and the Defendant issued F a promissory note with endorsement in the name of another company.
Even if F did not receive the payment of a promissory note from the above endorsers, such circumstance cannot serve as a basis for determining that the Defendant is capable of paying the amount.
B. At the time of borrowing money from F, the Defendant continuously and repeatedly borrowed money from the damaged party due to the fact that both the Defendant and the Defendant’s company run by the Defendant or all of the Defendant do not have sufficient means to repay the money, and the victim did not refuse it due to the transactional relationship with the Defendant and demanded the issuance of the check for the purpose of psychological stability. In light of the fact that the check was the check-free paper, the Defendant did not have sufficient means to repay the money at the time.
must be viewed.
Until now, there was an uncertain intention to pay back to the victim by recovering his/her claim and paying it to him/her. As such, there was an intention to repay.
§ 23.